RANBIR SINGH GUGNEJA Vs. CONTINENTAL ENGINES LTD

JUDGEMENT

(1.) LEARNED counsel for the parties agree that we need to decide whether the impugned decision dated December 24, 2010 has correctly decided that the correspondence between the parties exchanged through e- mails evidences a full and final settlement of appellants claim in sum of Rs.27,79,739.00 and since save and except a sum of Rs.5,14,585.00 from said sum remained payable the suit filed by the appellant has been correctly decreed in sum of Rs.5,14,155.00.

(2.) IT is not in dispute that vide Ex.P-1 dated September 01, 2000, the appellant was appointed as a CEO of four group companies (the respondents) at a remuneration of Rs.1 lakh per month and subsequently vide Ex.PW-1/3 dated September 29, 2000, which letter supplemented Ex.P-1, the remuneration was enhanced to Rs.1.5 lakhs per month and additionally the appellant was to receive 10% profit from the four companies of which he was appointed as the Chief Executive Officer.

(3.) THE stand of the four companies was that since the appellant was the composite CEO of the four group companies, he was entitled not to individual profits made by two out of the four companies but to such profits as were earned by the four companies put together. It was pleaded that the parties had debated on the same and that offsetting losses with the profits; 2:2, it was agreed that nothing would be payable towards profits and for which the e-mails exchanged between the parties were relied upon as evidence.